Some advice please

Boycie

Boycie

Boycie

Associate
Joined
2 Jul 2004
Posts
1,820
Location
East Midlands
Hey Guys,

For the past 2 years we've got a lease car on a three year contract, now we pay a standard extra charge for the cars servicing and maintenance. However when the car went for servicing it was taken by the lease company to a non-authorised dealer i.e. not nissan (its an xtrail by the way) which under the guarantee that nissan give on the car it voids it.

Now up until the last service the car was fine, but when we got it back from servicing it was smoking quite a lot but since its always smoked a bit we thought nothing of it but then it got really bad so we took it into nissan for a check and it turns out that the turbo has failed due to excess oil placed in the engine and the cost of the repair is £1400 which is has to be paid because the cars warranty is voided.

So we got on he phone to the lease company and told them that because the car wasnt serviced by nissan it was going to cost them £1400 to repair it, long story shortened they pinned the blame on us saying it was us that did it and they are not authorising the repair so we are left with no car and paying for it. Where do we stand?

Thanks for the advice
 
Tell us more about the service. The LEASE company themselves collected the car and took it for a service? This sounds unusual. What exactly happened?
 
Well the lease company notify that the car is due for a service and they ask us when they can pick the car up, so we arrange for them to pick the car up, they take the car for servicing and bring it back with a statement for what has been 'done' and thats it.
 
This is what i thought, and because they didnt send it to a nissan dealer it has voided the warranty and they have to pay for it. If they had taken it to nissan for the cars services like they should have then they wouldnt have to pay for it. So would this mean they have breached the contract because they have failed to meet their side of the deal?

Thanks for the advice fox.
 
The way I understand it, you have a fully maintained lease, right?

It's their problem. Ring them again and inform them it's their problem. If they won't listen, send them a recorded delivery letter asking them to rectify the problem within 7 working days (or similar), stating the terms of the agreement, explaining in detail how the warranty came to be void, and tell them that should a settlement not be reached within your timescale, you will have no choice but to pursue the £1400 for the repairs through the Small Claims Court*

*Assuming this is a private lease. If it's a business lease, you have no real choice but to spend the next 6 months arguing the toss with the lease company.

Disclaimer: This advice is given on an as-is basis, in good faith, with no warranty expressed nor implied. You take it at your own risk, I am not a lawyer :p
 
Thanks fox, thats basically what we are doing at the moment, we have told them that while we dont have a car we arent paying for it and are basically going to write a letter pretty much based on what you said.

Thanks
 
Don't withhold any money from them - you can't get away with this without issues if you are a private customer and it could be more hassle than its worth.
 
Its a business lease, however i've just been through the lease T&C and it says under >contract facilities >Maintenance, service and repair that "**** will maintain the vehicle in accordance with recommendations and regulations provided by the vehicle manufacturer" this includes services. So basically they have breached their own T&C by sending it to an un-authorised servicer.
 
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